Overview of the appeal trial of the case that occurred at the Continuing Education Center of Hung Nguyen district

Not accepting the appeal of the People's Procuracy of Nghe An province

Previously, on April 7, 10, 11, 17 and 24, 2023, the People's Court of Hung Nguyen district opened the first instance trial of the criminal case against the defendants Le Thi Dung and Nguyen Thi Huong, who were prosecuted by the People's Procuracy of Hung Nguyen district for the crime of "Abusing position and power while performing official duties" according to Point c, Clause 2, Article 356 of the Penal Code. Defendant Le Thi Dung was later sentenced to 5 years in prison, defendant Nguyen Thi Huong was sentenced to 2 years in prison but given a suspended sentence, with a probationary period of 48 months.

After the first instance trial,criminal judgmentFirst instance judgment No. 17/2023/HS-ST dated April 24, 2023 of the People's Court of Hung Nguyen district was appealed and protested. Accordingly, defendant Le Thi Dung appealed, requesting the People's Court of Nghe An province to consider that the defendant was not guilty; the People's Procuracy of Nghe An province appealed, requesting to annul the first instance judgment to determine the full responsibility of defendants Le Thi Dung and Nguyen Thi Huong; clarify the behavior of defendant Le Thi Dung; and accurately determine the damage caused by the defendants' criminal acts.

The representative of the People's Procuracy of Nghe An province made a statement clarifying the viewpoint of protesting the first instance criminal judgment No. 17/2023/HSST dated April 24, 2023 of the People's Court of Hung Nguyen district on the morning of June 13. Photo: PV

At the appeal hearing, defendant Le Thi Dung and her defense counsel argued that the first instance court had committed a number of procedural violations. The appellate panel assessed and concluded that although the first instance court had committed a number of violations, they did not change the nature of the case.

At the trial, defendant Le Thi Dung and her defense counsel requested to cancel the first instance judgment, declare the two defendants not guilty, release the defendants, and suspend the case. Regarding this content, the Trial Panel held that, in the 2014-2015 and 2015-2016 school years, for the content of Party cell secretary and graduate school, defendant Le Thi Dung was paid the first time from the budget but continued to declare and convert these activities according to the internal spending regulations into teaching hours to calculate overtime to pay the second time, also from the budget, not from the unit's savings. The first instance court's punishment of defendants Le Thi Dung and Nguyen Thi Huong for the crime of "Abusing position and power while performing official duties" according to the provisions of Article 356 of the Penal Code was well-founded, correct in terms of the person, the crime, the law, and not unjust.

Regarding the Appeal of the People's Procuracy of Nghe An province, the Trial Council did not accept the Appeal for the following reasons: In the Investigation Conclusion, the Indictment and the First Instance Judgment all determined that in this case, the defendant Le Thi Dung converted the contents (advanced political theory study, summer duty, Party cell secretary, graduate study, teacher training, collectively referred to as other professional activities) into teaching hours to pay for overtime pay contrary to the provisions of law with a total amount of 103,298,925 VND. However, the first-instance prosecution agencies only prosecuted, indicted and tried the defendant Le Thi Dung for the act of "Taking advantage of position and power while performing official duties" for paying twice for 01 arising economic and financial transaction with an amount of 48,383,908 VND. Regarding the remaining amount of VND 54,915,017, which was determined to be a one-time payment like other teachers, the first instance court did not prosecute, indict, or try, so the appellate court did not consider it.

Regarding the amount of 175,263,325 VND that defendant Le Thi Dung approved to pay to other teachers in violation of the law: in reality, these contents did arise, that is, other teachers directly went to work and only paid once for these contents, which were determined by the first-instance prosecution agencies to be a violation of payment procedures, so they did not prosecute or try, so the appellate court did not consider it.

Lawyers participating in defending defendant Le Thi Dung at the appeal hearing. Photo: PV

The first-instance prosecution agencies all determined that in this case, Le Thi Dung took advantage of her position and authority as Director of the Hung Nguyen District Continuing Education Center to direct accountant Nguyen Thi Huong to pay twice for one arising economic and financial transaction (Party cell secretary, postgraduate training) to Le Thi Dung herself with a total amount of 48,383,908 VND. All of this money was transferred to Le Thi Dung's personal account and was used by Le Thi Dung for personal expenses. The above amount was estimated and withdrawn from the budget and was not the Center's autonomous savings.

At the first instance trial, the representative of the People's Procuracy of Hung Nguyen district withdrew part of the prosecution for the violations of the 2011-2012 school year with the amount of 3,317,979 VND and the 2013-2014 school year with the amount of 303,052 VND. The first instance court concluded that Le Thi Dung had taken advantage of her position and power to commit acts contrary to her official duties, benefiting from the amount of 44,762,877 VND, which was well-founded.

From that, there is sufficient basis to determine that the defendants Le Thi Dung and Nguyen Thi Huong committed the crime of "Abusing position and power while performing official duties", so there is no need to annul the first instance judgment for re-investigation and re-trial as protested by the People's Procuracy of Nghe An province.

Lawyer Vu Quang Ninh questions defendant Le Thi Dung. Photo: PV

Trial results for the defendants

At the appeal hearing, the Trial Panel also found that, according to accounting practices, in order to pay (the second time) the overtime pay (total amount of 44,762,877 VND) in the 2014-2015 and 2015-2016 school years from converting the contents of Party cell secretary, graduate study, training and receiving money at the end of the school years, the accountant must prepare monthly accounting documents; then, at the end of the year, the settlement and payment is made once. Therefore, Le Thi Dung's instruction of Nguyen Thi Huong - accountant of the Continuing Education Center of Hung Nguyen district to prepare accounting documents, pay overtime pay (the second time) for the contents of Party cell secretary, graduate study, training for Le Thi Dung, from which Le Thi Dung benefited from the amount of 44,762,877 VND is a continuous and prolonged criminal act. Therefore, the Appellate Court determined that the defendants Le Thi Dung and Nguyen Thi Huong committed the crime of "Abusing position and power while performing official duties" as prescribed in Clause 1, Article 356 of the Penal Code.

Also at the appeal hearing, after reviewing the case file, the first instance judgment, the process of questioning, arguing, and responding in court, the Trial Panel conducted a Deliberation. After the Deliberation, the Trial Panel found that during the investigation, first instance trial, and appeal, the defendant Le Thi Dung had fully confessed to the establishment of the regulations, the declaration of conversion for payment, and the amount of money received, consistent with the documents in the case file. This shows that the defendant had honestly confessed to her crime, so there was a basis for applying the mitigating circumstances prescribed in Point s, Clause 1, Article 51 of the Penal Code to the defendant Dung. In addition, during her work, Le Thi Dung had many outstanding achievements, so she was entitled to additional mitigating circumstances prescribed in Point v, Clause 1 and Clause 2, Article 51 of the Penal Code.

The defendants and those present in the courtroom stood up to listen to the jury announce the verdict. Photo: PV

Pursuant to Clause 1, Article 356 of the Penal Code; Points s and v, Clause 1 and Clause 2, Article 51; Article 38 of the Penal Code: Sentence defendant Le Thi Dung to 15 months in prison for the crime of "Abusing position and power while performing official duties". The prison term is calculated from the date of detention on March 28, 2022.

As for the defendant Nguyen Thi Huong, as a subordinate of Le Thi Dung, she is a dependent person; committed the crime as an accomplice, aiding and abetting, without benefiting; after committing the crime, she took preventive action (not allowing defendant Dung to pay in 2017, 2018), then went to the investigation agency to confess, proactively reported before being discovered, actively cooperated and provided relevant documents and evidence to the investigation agency; denounced Le Thi Dung's wrongdoings; confessed honestly, repented; during her work, she was awarded the title "Emulation Fighter" by the Director of the Department of Education and Training; was awarded a "Certificate of Merit" by the Chairman of the People's Committee of Hung Nguyen district; her family has contributed to the revolution. These are mitigating circumstances for criminal responsibility as prescribed in Points r, t, s and v, Clause 1, Article 51 of the Penal Code.

According to the provisions of Point b, Clause 3, Article 5 of Resolution No. 03/2020/NQ-HDTP dated December 30, 2020 of the Council of Judges of the Supreme People's Court guiding the application of a number of provisions of the Penal Code in the trial of corruption crimes and other crimes related to positions, Nguyen Thi Huong is a case that is considered for the application of a special leniency policy of exemption from punishment according to the provisions of Article 59 of the Penal Code; demonstrating humanity and criminal policy towards criminals who confess and denounce the crimes of other accomplices, contributing to the fight against corruption crimes in the current period.

Pursuant to Clause 1, Article 356 of the Penal Code; Points r, s, t, v, Clause 1, Clause 2, Article 51; Article 59 of the Penal Code: Exempt the defendant Nguyen Thi Huong from punishment.

Other decisions of the first instance judgment that are not appealed or protested shall take legal effect from the date of expiration of the appeal or protest period. The appellate judgment shall take legal effect from the date of judgment.